Public Nuisance Legislation: What Does It Really Do?
by | Apr 23, 2025
Alarming Expansion in Public Nuisance Litigation Revealed by ATRA Report
March 25, 2025
SB 779 by Middleton (R-Galveston)/HB 3964 by Vasut (R-Angleton): Adds Chapter 100C, Civil Practice & Remedies Code, to limit actions for damages or other relief based on common law public nuisance, whether asserted as a cause of action or an injury. Provides that a public nuisance claim is not cognizable if it seeks relief arising from: (1) an action authorized, licensed, approved, or mandated by law or by the federal, state, or local government; (2) an action or condition in which a statutory or administrative enforcement mechanism already exists to address the alleged condition; or (3) a product liability claim. Provides that the aggregation of private nuisance claims does not give rise to a public nuisance claim. Provides that in the event of a conflict with common law, the statute controls.
4-10-25
CSSB 779 passed the Senate on April 10, 2025 with a vote of 17-12-1-1 along party lines with the exception of Senator Angela Paxton (R), who voted with the Democratic senators.
AYES: Bettencourt, Birdwell, Campbell, Creighton, Flores, Hagenbuch, Hall, Hancock, A. Hinojosa, Huffman, Hughes, Kolkhorst, Middleton, Nichols, Parker, Schwertner, Sparks.
NAYS: Alvarado, Blanco, Cook, Eckhardt, Gutierrez, J. Hinojosa, Johnson, Menéndez, Miles, Paxton (R), West, Zaffirini.
PRESENT-NOT-VOTING: Perry (R)
ABSENT: King (R)
4-3-25
CSSB 779 passed Senate State Affairs on 3-27-25 with a vote of 7-1-0-3.
AYES – 7: Bettencourt, Paul(R); Birdwell, Brian(R); Hall, Bob(R); Hinojosa, Adam (F)(R); Hughes, Bryan(R); Middleton, Mayes(R); Parker, Tan(R)
NAYS – 1: Paxton, Angela(R)
PRESENT-NOT-VOTING – 0
ABSENT – 3: Perry, Charles(R); Schwertner, Charles(R); Zaffirini, Judith(D)
Loading...
Reload document 
Open in new tab 
